§ 117.10 ADMINISTRATIVE PENALTY PROCEDURE.
   (A)   Upon discovery of a suspected violation under § 117.09, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and the administrative penalty for the violation, and informs the alleged violator of his or her right to be heard on the accusation.
   (B)   If, within 20 days after receipt of a citation, a person accused of violating this chapter so requests, a hearing shall be scheduled, the time and place of which shall be provided to the accused violator.
   (C)   The City Council, or any other person as the Council may by resolution designate, shall serve as the hearing officer.
   (D)   If the hearing officer determines that a violation of this chapter did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed under § 117.09, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, the findings shall be recorded and a copy provided to the accused violator.
   (E)   Appeals of any decision made by the hearing officer shall be filed in the district court for the county in which the violator resides in accordance with applicable laws.
   (F)   Nothing in this section shall prohibit the city from seeking prosecution as a criminal offense for any alleged violation of this chapter.
   (G)   Each violation shall constitute a separate offense, and for violations that are ongoing by their nature, each day that such violation continues shall constitute a separate offense.
(Ord. 317, passed 9-21-20)